The court substantially upheld Wolfeboro’s motion to limit testimony from several of WP’s experts.
Roger Moore is precluded from testifying that the RIB site can be repaired. The court cites his statements in deposition where he fails to say specifically what remediation might be required.
John Kastranos of Haley and Aldrich is prohibited from testifying as to whether WP met the standard of care for any services other than his own discipline.
John DeGinova likewise will be prohibited from testifying as to standard of care for other than his discipline. Additionally, Mr. Genova will be prohibited from testifying that the site can be repaired or remediated because their report does not specifically describe how that might be done.
This should be no surprise to WP as this is a follow on to the court’s refusal to admit their supplemental report where they do explain specific remedies.
The judge says that Mr. DeGenova can testify that the F&O conclusion of total-loss is not adequately supported because of their failure to do the studies outlined in their report. I’m going to speculate here that means WPs pending motion to suppress Wolfeboro’s total-loss theory of damages will not be upheld, and it will be Mr. DeGenova vs F&O at trial.